THE COMMONWEALTH OF MASSACJFfZISJ-TTS... - . • 

Office of the Secretary of Stale 

Regulation Filing To be completed by filing agency 

CHAPTER NUMBER: 3IP CMR 7,00 

CHAPTER TITLE" ^ T Po -'-^ut:Lc, n Control Regulations 

AGENCY: Department of Environmental Protection 

SUMMARY OF REGULATION 

State ibe general requirements and purposes of ibis regulation: 

The amendments set performance standards for owners of new boilers with 

an energy input capacity between 10 and 40 million Btu per hour and requires 

initial and annual certification to demonstrate compliance under the Environmental 

Results Program. 

M.G.L. C. 21A, S. 2 through 16 

M.G.L-. C. 21, S. 26 through 53 

REGULATORY AUTHORTTY: M.G.L., C.lll . S.142A through 142M , 

AGENCY CONTACT: . Paul Reilly PHONE: 617/556-1097

 ;

-

ADDRESS: DEP, One Winter Street, Boston, MA 02108 

Compliance with M.G.L. c. 30A 

EMERGENCY ADOPTION 

If this regulation is adopted as an emergency regulation, state the nature of the emergency. 

N/A 

PRIOR NOTIFICATION AND/OR APPROVAL 

If prior notification to and/or approval of the Governor, legislature or others was required, list each notification, approval and date, including notice to the Local Govern- . 

ment Advisory Commission; 

N/A " ' 

PUBLIC REVIEW 

Was notice of the bearing or comment period filed, with the Secretary of State published : 

in appropriate newspapers and sent to persons to whom specific notice must be given at 

least 21 days prior to such hearing or comment period? 

Yes jjjH Date of public hearing or comment period: Hearings-September 7 & 8, 200o 

Comment period closed-Sept.18^ 

crq 
Estimate the fiscat .Jed on the public and private sectors: 

For the first'and second years: Adoption of these amendments will allow state 

For the first five years: and private sectors to avoid plan application fees. 

No fiscal effect: 

SMALL BUSINESS IMPACT 

State the impact of this regulation'on small business. Include a description of reporting, record keeping and other compliance requirements as well as the appropriateness 

of performance versus design standards and whether this regulation duplicates or 

conflicts with any other regulation. If the purpose of this regulation is to set ratesfor 

the state this section does not apply. 

It is unlikely that small business will be subject to 'the amendments. Those 

that are subject to the amendments wil l avoid plan application fees. 

CODE OF MASSACHUSETTS REGULATIONS INDEX 

List key subjects entries that are relevant to this regular 

Boiler, Environmental Results Program (ERP) 

PROMULGATION 

State the action taken by this regulation and its effect on existing provisions of the Code 

of Massachusetts Regulations (CMR) to repeal, replace or amend. List by CMR number: 

Adds requirements for new boilers with a firing capacity of 10 - AO 

million Btu per hour in 310 CMR 7.26, and amends'310 CMR 7.02 and 70.00. 

ATTESTATION 

The regulation described herein and attached hereto is a true copy of the regulation 

adopted by tbjsjigpncy. ATIZST:,, • 

Signature: ^^cCCiAai^ Q 7)C*>YS Date: 6/29/C I 

Publication To be completed by the Regulations Division 

MASSACHUSETTS REGISTER NUMBER: 930 DATE: 9/14/01 

EFFECTIVE DATE: 9/14/01 

CODE OF MASSACHUSETTS REGULATIONS 

Remove these pages: Insert these pages: 

CMR: Vol. 

181, 1€2 181, 182 

205, 206 205, 206 

250.72.18.5 - 250.72.18.8 250.72.18.5 - 250 .72.18.10 

A TRUE COPY ATTEST 

' WILLIAM FRANCIS GALVIN 

SECRETARY OFTHEC0MM0NWEALTH 

60 
«JG.28.2001 9:54RM R. .LOTIONS DIVISION N0.5S4 P. 5/8 

310 CMR; DEPARTMENT, OF ENVIRONMENTAL PROTECTION 

DEFINITIONS: MUtbusd 

HffiL means any solid, liquid, or gaseauj material such as, but not limited to, 00&1, gasoline. 

maniftetplBd ps, tut^Bft dr wood, 

.AliTmNTATlyB BDftr. ft* the purposes of 3W CMR 7.22 means say non-fossil fuel 

hqejudingbot notaailW to wood or bjamass; micleartoel is not included la this definition, 

-C2^ir*axs aUsoUd fuels <$ajs^^ 

by the American Society of Toning andMaterials in ASTMD38B-77, itudwd speoiflcation 

for dassificttimj of coals by Rank, ooaMmivod synthetic fads, mcludhig but not limited u> 

solvent refined coal, gasified coal, coal-oil raixttrcs, and COSl-wiUer mixtures. 

concent of 0.17 pound* of mllEon Btu hen release potential it approxinwicly eqaal to 

diStQlate fuel oil having a wflflar content of 0,3 percent weight, 

-FOSSTL HITEL means coal, coke, distillate oil, residual oil wed oil foal or natural or 

manufactured gas, 

-HAZARDOUS WAST^FaBTymeaMiarejfulated recyclable material, omerthap waste Oil, 

and other than a material that flj oat fee hazardous waste characteristics set form in 310 

CMR30.120ttaough30.]25.[ii]n^ 

have as an ffigrediant wy hMlrdous waste, etherthfaj waste oil, listed or otherwise Identified 

in 310 CMR 30,130 through 30.136, 

1. that ifl receded by being burned for energy recovery hi an industrial or utility boiler 

or in an industrial furnace, but not in a hWMdcns waste ipcumxtor licensed pursuant to 

310 CMR 30.800 and 310 CMR 7.08 and 

2. that is: 

a. piBsunaMtobehazardcflawttSMfualpoiBijimtwSlOCMRSOJlS, 

b. a mixture of 

CO any hazardous waste, other than Waste oil, or of any material presumed to be 

hazardoaa waste fuel pursuant to 310 CMS. 30.215, with 

(11) any ether material (including, without limitation, waste oil any other 

hazardous waste, any material presumed to be haatrdaui waite fuel pursuant to 

910 CMR 30.215, specification nted oil fuel, aff-specifioadon ased oil fuel, 

unused commercial fuel oil, unused commercial erode oil, or any hazardous or 

n cm-hazardous material burnable as fuel), and 

3. toil 1B managed in compliance with 310 CMR 30.200. 

-NATURAL QAS means (1) a naturally occurrjjig mixture of hydrocarbon and 

nonhydrocarbop gas found in geologic formations beseem the calm's surface, of which the 

principal constituent is methane; or (2) liquefied petroleum gas, as defined by the American 

iCtfetyrfTosting&MateriidsffiASm for liquefied 

Petroleum Oases" 

-RESIDUAL FUEL OTl.m«»m No. 4, No. 5, or No. 6 fnel ofl, Residual fuel oil having a 

sulfur content of 0,55 or 0,28 pounds per million Btu best release potential U approximaiBly 

equal to resldu al fuel oil having a sulfur content of 1.0 «0.5p6rteotbywei^tnMpectively. 

•USED OIL FUEL IBMM a «f»nlattri raydeMc material 

1. that is recycled by burning for energy recovery, and 

2. that is: 

a. a waste ojL or 

b. any fuel, other* an hazardous waste fuel, produced ftom waste oil by processing, 

Wendlna, or other taeatznent, and 

3. that is managed in compliance with 310 CMR 30.200. 

FUEL ADDITIVE means any substance which is not a natural component of me fuel to which 

it may be added or in conjunction with which it may be used 

PUKLfTRT^ means an electrochBinical device that converts the chemical energy in a fuel into 

electricity and beat 

PUBL UTJLiy^'H'fOT pfSQf jrv means any fbniance(s), fuel bwmmg equipment, boilef(fl), 

space heaters or any appurtenance thereto used for the burning of fuels, for the emission of 

products of oombustion, or in connection with any proceu which gfloarthw beat and emits 

products of eorqbnRion, but does not mean a motor vehicle or an mdnerator; except thai for (he 

purposes of 310 CMR 7,22, means a single furanoe, fpel taming equipment, boiler or space 

beater for the purpose of generating electricity or thermal energy. 

9/14/01 310 CMR-182 
2001 9:54AM RL -flTIONS DIVISION NO.564 P 

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.02: continued 

17. Maintenance or Repair. Routine maintenance or repair of B fBCihtY. 

18. Mi^Anf and BjenoW F/mipnpmrt Ecufement used exclusively to mix or blend 

irateriali at arnhiem tenrpe^ nomorr 

than S% Volatile or|^coimjo\md(VOC) by weight 

lp. Molalnp. Plastic injection or compression molding machioet. Extrusion molding 

and blow molding is not eligible unu^rfus exemption. 

20. Motor Vehicle ajntenance. Motor vehicle maintenance and repair facilities, 

Automobile refimshing faculties are not thgible under this exemption. 

21. fyimrhiirHnnn. A w ineteaat hi Hinhnnrgftf pmdnnHon otafijaflllynotathfei-Wtte 

restricted. 

22. OpBnrtiniif HKHJ PmHagt PfB An increase in the rate of production at a facility 

not otherwise restricted. 

23. Qiyncrshft. A change in facility oWnexstun, provided that the Department is 

notified in writing of the ownership change within 60 days of the effective date of the 

change. 

flan approval hvftule. An «ni Brian unit Kited in 310 f!MR7.Q3 nmvided that the 

emission unit fully conforms to the design, operation, maintenance, and record keeping 

requirements of 310 CMR 7,03, 

25. Dumbing. HumhSng soil stacjes ot vents. 

26. PrftMttfft Relief Devices. Safety pressure relief devices auocfated with emission 

units riaving plan approvals, untessomer^re^niredbymerjepiutment 

2?. Relocation of Approved Rquiprimt. Relocation of any previously approved 

equipment provided that the e^upmcut is relocated within the facility or to a contiguous 

property and provided that the relocated equipment dees not cause or contribute to a 

condition of air pollution. 

26. Thermal and Catalytic Oxidizers. A process omisaion oxidizer or afterburner with 

a rated capacity of less than 40,000,000Btu per hour using natural gas and installed 6n 

a previously approved facility or on a new facility which otherwise meets the plan 

approval exemptions provided in 310 CMR 7.02(2), This exemption is only available 

where the air polhition control equipment is not otherwise required by regulation, find the 

air pollution control equipment does not replace existing air pollution control cqurpment 

required by plan, approval or regulation, Flares see not eligible under this exemption. 

Persons insTaJling mermal or catalytic oxidizers as allowed by this exemption aha]] 

notifytheDeparinWvwiti^ thai oxidizers have been installed. 

29. Turbines and Rednrocerfay finyfay: An individual internal eenfcuitiOT engine 

such as tteejnbustiontBrhine orreeip^ an energy input capacity of 

less than 3.000,000 Btu per hour energy input 

30. W*»t«wntpr Treatment. Wastewater treatment and/or pumping facilities with 

average daily input flow* Of less than 50,000 gallons par day. and that treat sanitary 

sewage exclusively. 

31. Water Treatment Water treatment systems for process cooling water or boiler Feed 

Water, 

32. RACT. Qratnia Material Stnmfm and Dittrthtttlon. ERP. or NOx AllflWAhe* 

Prop-am. CoristmefJon, substantia] nKcnstruotian or alteration required to comply with 

tb* requirements of 310 CMR7.18,7.19,704,7.26, 121 or7,28. This exeeption does 

not apply to any boiler complying with the repowermg provisions of 310 CMR 

7.19(4)(b), any primwesn^ving with 310 CMR 7,26(23>(a)3., or any wood fuel-fired 

boiler. 

(c) Exemption for Action* that Contra/Da m Eristfag Plan AnnrBval. Except as provided 

below oriq 310 GMR?,02(4Xa)3. or4„ and3l0 CMR7.02(3Xa)5. through 10. or310 CMR 

7.02r$. construction, substantial reconstruction or alteration of a facility or mat would 

contradict an existing plan approval does not require a new plan approval, provided that the 

planned construction, substantial reeonsfruotion or alteration would increase potential 

emissions by less mart one ton per year above the emission limitation established by the 

existing plan approval. Actions that would contravene emission control equipment design 

specifications, capture and/or destruction efficiency standards for control equipment 

*£ni*sioa limits (except emissions per unit time) established by a BACT approval, air 

aoHtammant venison characteristics such as a reduction in stack lusight or limitationa on 

thcVOC/HOC content of coatings, require apian approval. Wh«o the action would result 

in an increase in allowable or potential emissions above limits established in on approved 

9/14/01 310 CMR-205 
310 CMR: DEPARimNT OF EN^O>WENTAL PROTECTION 

7.02: continued 

RES, the RES most be modified as (inscribed in 310 CMR 7.02{10)> Is order to rWerminc 

applicability under 910 CMR 7.02(2)(c), emissions must be calculated in accordance with 

310 CMR 7,02(2Xd> Written notification to the rjepsrtment most be made within 30 days 

Qfsuch an acBon. 

(d) C*kmfrtkm ef De minimLi Kmisaiona. The CSlcuIftdon Of the potential ftiajstfons 

increase associated wim thepisumedcomrmction, substantial rewmstitiction, or alteration 

Mtw&videdm 310 CMR 7.02(2)1^ 

(as defined in 31QCMR7.Q0) of toe planned action. RedtictaitaSGaiii*^ 

reduced utilization or elimination of emission units cannot be deducted. Products of 

coammjtionirTOa^fnfclnt^ 

mccrnipliancewith310CMR7.O3 are not included wbencaleiilating an inc^^ 

emissions. ' 

(c) Reaofdieaepinf. TfaeowiOToropfttttOTofafiss^ 

plan approval shall teep the following records on-site and up-to-date, flUeh that year-to-date 

information it readily available for Department, examination upon request: 

1. Doouman^ation of the date ef eonsbuction, substantial reconsoucrloi) or alteration, 

2. Dooumentatinn. including emission osculations, under the specific condition^) that 

qualifies the activity for exemption («.?., size threshold, emissions). 

3. Air pollution control and other equipment performance specifications. 

4. Verification of the overall efficiency of any air pollution control device adequate to 

support assumptions of emission control equipment capture efficiency (documentation 

(f) gegaiBni. The owner or operator of a ^ 

requiierneiits of 310 CMR 7.12, sbaQ repeff 

alteration activities that qualified fer exemption in me next required Source Registration. 

Quantification of emissions from exempt activities is. not required unless specifically 

requested, 

(g) Enforcement; If sonstruction, substantial reconstruction, alteration or operation of an 

emission unit for which an exemption fromplan approval is claimed, violates any provisions 

of 310 CMR 7.00, the person owning, leasing,, operating of controlling the fsidity will be 

subject to enforcement under M.QJL c 111 IS 142A and B, and c 21A § 16 and/or any 

other relief or remedy provided by law including, but not limited to, injunctive relief. 

(3) PCIirri JWremBiffilftPhn ATOffiYsl. 

(a) flcncuL No person shaUeonBtmct,imbstantMyr«oiwb^ 

operate any facility subject to the requirements of 310 CMR 7.02(4) or (5) unless an 

application for plan approval has beea wbrotted to meDopartiiwniaadplBri approval has 

beea punted by the r^epaitment Prceadwesandccmtaotsof m 

can be found at 310 CMR 7.02(4} and 310 CMR 7.02(5). 

(b) Farm of Approval. Any plan approval or plan disapproval wiB be issued by the 

Department in wrfttaK, If &> plan application is disapproved, the Department will provide a 

written explanation of the e&eumrtmcet thai led to the decision to disapprove the 

application. 

(c) Conditions ef Approval. The Department may impose any reasonable conditions in a 

plan approval including conditions d^rminodtobe necessary to insure mat the facility will 

be built, operated, and maintained as specified in the application for plan approval, 

(d) ftfordtoriffl* and TeffiTift. The Department may retire the applicant to monitor and/or 

teat emissions as a condition of approval. The plan approval may include conditions that 

direct the applicant to install sampling ports of n specified size, number or location, direct 

the applicant to provide safe access to each arapbng port or direct the applicant to install 

hwrwi^tatiOT tomorutorandrec^ 

(t) Record; loaepmp and Reportrnf. The Department rnay re^mire an applicant to maintain 

records and provide periodic reports to the Department, as necessary, to assure continuous 

coinpUan« with standard apertdin^ 

limitations, and any worst practices contained in tilt) plan approval. 

(f) • Compliance with Plan Approvals. Olte man « provloW } ^ 

person shall operate ft facility appravsd under 310 CMR 7.02 except in compliance with any 

plan approval issued to die facility, A plan approval does not reduce or negate the 

tesporiSibility Of the facility owner or operator to amply with any other applicable 

requirements of the Department 

9/14/01 310 CMR-206 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.26: continued 

2. such presses or operations comply with the requirements set forth in 310 CMR 

7.26(27Xa)l.and2.. 

(28) Recordkeeping: Each printer shall maintain records sufficient to demonstrate compliance. 

Such records shall be kept on-site for at least three years, and shall be made available to 

representatives of the Department upon request. Such records shall include, but are not limited 

to, the following: 

(a) Each small printer shall maintain: 

1. monthly purchase or usage records sufficient to demonstrate that the printer is a small 

printer, including but not limited to records (»nc»ming cleanup solutions, alcohol, inks, 

coatings, adhesives and incidental materials, excluding water-based inks/coatings/ 

adhesives, ultraviolet inks, plastisol inks, and inks used in non-heatset offset lithographic 

printing; 

2. records demonstrating that cleanup solutions are in compliance with applicable 

standards set forth in 310 CMR 7.26(20) through (29) according to EPA test method 24 

or 24A, as applicable, or an equivalent test methodology as determined by the 

Department and EPA, and appropriate documentation indicating compliance with the 

VOC composite partial pressure as defined in 310 CMR 7.00; and, 

3. for water-based inks/coau^gs/adhesives, ultraviolet inks, and plastisol inks, MSDSs 

or other records demonstrating that the ink/coating/adhesive is water-based, ultraviolet, 

or plastisol as applicable. 

(b) Each midsize printer shall maintain: 

1. monthly purchase or usage records sufficient to demonstrate that the printer is a 

midsize printer, including but not limited to records concerning cleanup solutions, inks, 

coatings, adhesives, and incidental materials, excluding water-based inks/coatings/ 

adhesives, ultraviolet inks, plastisol inks, and inks used in non-heatset offset lithographic 

printing; 

2. records demonstrating that cleanup solutions, inks, coatings, and adhesives are in 

compliance with applicable standards set forth in 310 CMR 7.26(20) through (29) 

according to EPA test method 24 or 24A, as applicable, or an equivalent test 

methodology as determined by the Department and EPA, and appropriate documentation 

indicating compliance with the VOC composite partial pressure as defined in 310 CMR 

7.00; 

3. records of the percent by weight of VOC in fountain solution as measured each time 

alcohol or alcohol mix is used to mix a new batch of fountain solution and each time it 

is added to fountain solution on-press, based on analytical data, and the proportions of 

the constituents mixed; 

4. calculations performed pursuant to 310 CMR 7.26(24)(a)3; 

5. the daily temperature of fountain solutions required to be refrigerated pursuant to 

310 CMR 7.26(24)(a)2.b. when alcohol content is greater than 5% by weight; 

6. for water-based inks/coatings/adhesives, ultraviolet inks, and plastisol inks, MSDSs 

or other records demonstrating that the ink/coating/adhesive is water-based, ultraviolet, 

or plastisol as applicable; and, 

7. printers using alcohol-free fountain solution on web-fed or sheetfed non-heatset 

offset lithographic printing presses, records (e.g., MSDSs) demonstrating that the 

fountain solution constituents are alcohol-free. 

(c) Each large printer shall maintain: 

1. monthly purchase or usage records sufficient to demonstrate that the printer is a large 

printer, including but not limited to records concerning cleanup solutions, inks, coatings, 

adhesives and incidental materials, excluding water based inks/coatings/adhesives, 

ultraviolet inks, plastisol inks, and inks used in non-heatset offset lithographic printing; 

2. records demonstrating that cleanup solutions, inks, coatings, and adhesives are in 

compliance with applicable standards set forth in 310 CMR 7.26(20) through (29) 

according to EPA test method 24 or 24A, as applicable, or an equivalent test 

methodology as determined by the Department and EPA, and appropriate documentation 

indicating compliance with the VOC composite partial pressure as defined in 310 CMR 

7.00; 

5/1/98 310 CMR-250.72.18.5 
I . „RUG.28.2001 9:52AM JLfiTIONS DIVISION NO.564 

310 CMR: DEPARTMENT OF E^yvJRQNMENTAL PROTECTION 

7.26; oontinUSd 

3. «c«iauatkmofacra4Binit^ 

cxmtaintae; compounds used tt the facility, VOC emissions fiom aoo-awdsct inks used 

in lithogrtphy shall he calculated by assuming that 5% of the inks' VOCs are emitted to 

the atmosphere and 95* are retained in the paper. VOC omisiiaiis from beatset inks used 

in lithography than be calculated by fuming that 80% of the inks' VOCs are emitted 

to the atmosphere and 2Mb s« retained in the paper; 

4. ttepoDHnrwweighttfVrc 

alcohol mix is used to mix Aiiowbetoh of fountato solutions^ 

fountain soludon oppress, based en analytical data and the proportions of die 

CCnxtitueats mixed; 

5. calrjr4«i0Mperfonae^ pursuant to 3^ 

6. the daily temperaniiB of fountain solutions required to bo ttdrignrated pursuant to 310 

CMR 7.26(24)(a)2.b. when alcohol content is greater than 5* by weight; 

7. for water-based ililss/co«wE^adhcsivtw, ultraviolet inks, and plastisol inks, MSDSs 

or other records demonstrating that the huVcoattag/adhesire is water-based, ultraviolet, 

or plastiaoJaa applicable; and. 

S. printeri Miru> alnfihoHrec fountain solution on web-fed or shaetftd non-heatset off; et 

lithographie printing ptMMt, records (n.g,, MSDSs) demonstrating mat the fountain 

solution constituents are alcohcJ-free. 

1t® 

(29) Compliance CcnHfiMtiftn Tir^imt^-

(a) Beginning on September 15,1998, tod annually thereafter, each printer shall submit to 

the Department a compliance certification in aa»rdsnee with 310 CMR70.00and 310 CMR 

7.26(29), As part of the c«tirlcation, each large printer (ball submit infatuation the 

Department may specify, including: 

1. the nature and amounts of emissiorw from the facility, 

2. information Which may bo needed to determine the nature and amounts of emissions 

fixim the facility, and 

3. any other infarmation psstaudng to the facility which the Department requires. 

(b) If, during the course of the rxrtifJcation period, a printer installs ft new printing press or 

males* operational changes which wiD cause a modification of its size classification, the 

printer snail, within 60 days of operation of the new press or actual operational changes 

respectively, notify the Department in writing. Such printer shall comply with 310 CMR 

726(20) through (29) based on the applicable new size classiScatjon as toon as the new 

press is operating or the operational change is made, 

(o) If, during the course of the clarification period, apriottr niliramusbcs an existing plan 

approval in accordance with 310 CMR, 7,26(23)(a)(l) or (2), then within 30 days of such • 

cnangB the printer shall notify the Department in writing. 

(30) UBtiters- ATmHraWHry Except as pxrvidecl in 310 CMR 7,2tf0O)(a) aad (b), the 

provisions of 310 CMR7.26(30) through (37) apply to any person who owns or operates aboikr 

ams^todonwBflarSepW 10 

mQlian Btu per hour but less than 40 million Btn per hour. Complying with me criteria in 

310 CMR 7,26(30) through (37) does sot relieve the owner or operator from bis or her 

applicability to the requirements Of 40 CFR 60 Subpart Dc - Standards of Performance for Small 

Industrial - Cainmercial Steam Qeneratinj Units, 

(a) The provisions of 310 CMR 7.26(30) through (37) da not apply to an Owner or operator 

of BfMjUtyre^iittdtoobtBinanopCT ApptndixC, 

Any person who installed a boiler in wseoodaace with 310 CMR 7.26(30) shall continue to 

comply with 310 CMR 7.26(31) and (33) through (37) eventf the fadlfcy liter becomes 

subject to 310 CMR 7.00: Appendix a 

Cb) An owner or operator af a facility who proposes to construct a wood fuel-fired boiler 

with a heat input rating equal to or greater than 10 xnjUioa Bra per hour but less man 40 

million Btu per hour is not subject to the provisions of 310 CMR 7,26(30) through (37) far 

the wood fuel-fired boiler; however, 310 CMR 7.02(3) does apply. 

9/14/01 310 CMR • 250.72.16.6 
AUG.28.2001 9:52AM Ru JLATIONS DIVISION NO.564 P.2/9 

310 CMR; DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.26: continued 

(31) PfiBnJti£Bf,Tenmu^ 

or In 310 CMR 7.26C31). Where i term Is defined in both 310 CMR 7.00 and » 310 CMR 

7.26(31), the degsition in 310 CMR 7.26(31) is applicable. 

ADJACENT STRUCTURE means fl trmthtm that fc within 5T. of ftp STaC y 5L means five 

times the leaser dimension (height or maximum projected width) of the structure. 

AUTOMATA emmmreat camrarv. SVOTP^ uMns t system that self adjusts 

bumer/boilcr operation to maTimtrrt energy efficiency. It mast include at least the following 

capabilities: tueytfr ratio adjusted automatically, fuel flow met^d/momtored, and continuous 

mentoring of niot}pencjdde8(yC^)mdcarhcainMax^ 

BOILER meant I device that combusts any fbel and produces steam or heats water. 

DHTRXATB ffPHL Off, means fuel oil mat complies with toe specifications for fuel oil 

number^ 1 or 2 *S defined by the American Society for Testing and Materials in A5TM D396-9S, 

"Standard Specification for Fuel Oil" (hoed September 1998. 

BSD DYE DISTILLATE FURL OIL mrama a distillate fori oil that meets the requirements of 

42 U.S.G. 7401J21 l(i) AS implemented and allowed fornon^ansportatico purposes by 40 CPS. 

fid.20. 

(32) QerfifieflBftn. 

(a) An owner or operator of a boiler subject to 310 CMR 7.26(30) shall certify, in 

compliance with 310 CMR 70,00 that the boiler is in compliance with 310 CMR 7.26(30) 

tfanm&(37). ) 

(b) An owner or operator of 4 boiler subject to 310 CMR 7.26(30) shall submit to the 

Department an initial compliance eertificaaoo form within 60 days of the date on which the 

boiler commences operation, and, theresfter, an annual certification fonn by March 15* of 

each year. 

(33) Fuel nfTfcf/Rmlfrinn IhtAn^. 

(a) Fuel Use, 

1. Otdyasauralgaitad^ 

7 -26(33)(a)2 and 3. 

2. WATTMAt. flAff. 

B. All bOilers subject to 310 CMR 7.2/ffifi) rii.P, burn imrmnTflu; aat^primflty taijf 

at use where the boiler is located on a property adjacent to a street or sidewalk 

underlain by a natural gMpipeto supply 

isttur&l gas to the boiler. 

b. Red dye distilllu^rael oilman be btmiodfo 

year. 

3. RfiPDYEDiamUTP. All bdlcn subjact to 310 CMR 7.26(30) may bum red 

dye distfllaos fbel oil as me primary ftsel of use when conditions for njrtund gas use, as 

specified in 310 CMR 7.2$(33)(a)2., csimot reasoMbly bo met, M determined by the 

Department in accordance with 3 ID CMR 7.26(30) through (37), 

emission limitations 

in pounds per million BTU heat input the fuel of use, 

POLLUTANT Fuel of Use Fjniattnti fjrnitnfitifl 

(lbs per million Bcu) X\b <WW^><^ Nitrogen Oxides Natural Gar 

Rett Dye Distillate Fbel Oil 

Natural Gas 

Red Dy* DistillAM Puel Oil 

Natural Gnu 

Rod Dye Distillate Fuel Oil 

0.0350 

0.140 

0.010 

G.020 

0.080 

0,080 

0.030 

0.030 

Particulate Matter 

Cttdra Monoxide 

Volatile Organic Compounds Natural Gas 

Red Dye Distillate Bus! CHI 

9/14/01 310 CMR - 250.72.18.7 
I 

.fiUG.28.2001 9:53flM , JLOTIONS DIVISION NO.564 P.3/8 

3 JO CMR; DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.26: continued 

(c) Sulfur dioxide emissions are limited by the sulfur content of me rod. Too sulfur content 

of too fuel is limited »: 

1. Natural c-es O.D0061r»taiilionBm 

2. Rid Dye Distillate Pt»l 0.05% by weight 

(d) The carbon monoxide emission Umitarion specified in 310 CMR 7.26(33)(b) does not 

apply » high turndown boilers while operating at less than 25* of the mwtfrnum input 

(e) Visible Emissions (excluding water vapor) may not exceed 10% opacity at any time 

during boiler operation. 

r 

C34) Opgr*

tIm"I

*fTriT

,n"TlTir 

(a) Tr^boncr and appunenancas snail rnarmfacturer's 

standard operating and mainlwiwtcc procedures. 

(b) Abc^ermnesmBnaUbeperfoniiexitt 

andtwiceayearf«boiIaratto A tune-up 

if set required if the boiler is equipped with a continuous unmaced cernbustiOfl 

mauagement and control technology system. 

A boiler tune-up shall include an ilUpoction for proper operation, any other maintenance 

recommended by rbc manufacmnsr. and an efficiency test An efHeianey test shall include 

at least a smoke Spot reading, flue gas tcmporaturo measurement and a measure of carbon 

dioxide, oxygen, and carbon mc^oxide. A written record of the efficiency test and any 

rnaintenance performed shall be kept on site in woordance win the record keeping 

provisions (WtttamedSIO CMR 1.26(16). 

(c) Fuel additives shall ouly be used in accordance with the rnanufaccmsr's iustmctions, 

(35) Stack Requirement!. 

(a) Miiu^um stack riei^sha^ 

is located, Xfthestackneifftii(l)tow« 

the height of an adjacent structure, an EPA Guideline air quality model shall bo run to 

dwumaot that the operation of the applicable boiler(s) will not cause Nation*] Ambient Air 

Quality Standards exceedanees. The air quality model documentation must be retained on 

site for *s long as the bailer is operational 

(b) Stacks shall no: be anjjppcd with rain protection of a type that restricts the vertical 

exhaust flow of the combustion gases as they are emitted to the ambient air. "Shanty caps1', 

"egg beaters" and the Hire are prohibited, 

(c) The stack shall be configured to discbirge the combustion gases vertically upwards. 

(3d) flfl^tftTPjng. 

(a) A. recordkeeping system shall be established and implememad onaite and shall provide 

sufficient detail to document compliance. 

(b) Reoordk^iagsbiJJmcludcms Mowing: 

1. dates of boiler initiation and Erst operation; 

2. a monthly record of fuel type, foal additives, fuel mage in galkms or cubic feet, and 

sulfur content, at certified by the fuel supplier; 

3. a written record of all tune-ups, including inspections, maintenance, and results of the 

efficiency tests, and; 

4. all purchase orders and invoice! related to boiler CQmoastion or emission rate. 

(e) Documentation shall be maintained onsite mat the boiler and its appurtenances, as 

designed and installed, will comply with the emission liruitations when operated in 

accordance with the manufacturer's instructions. Trda documentation, including the 

msmufacturer's operating instructions, shall be retained for as long as the boiler operates. 

(d) AD records shall be matotained up-to-date such that yoar-to-date information is readily 

Available for Department examination. Records shall be kept far at least three calendar years. 

(a) firmccaUng of emissions is prohibited-

(b) Removal of air pollution control or monitoring equipment is prohibited. 

Cc) Natural draft rotary cup burners art prohibited. 

9/14/01 310 CMR-250.72.18.8 
PUG.28.2001 9:53PM "R. J_fiTIONS DIVISION N0.5S4 P.4/8 

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

12P- N/QxAllmnwhoeram 

(1) Pnrntjscandfoope. 

(a) The purpose of 310 CMR 7.27 is to control amissions of nitrogen oxides (NOx) during 

the summertime ozone season (May 1 through September 30 of each year). 310 CMR 757 

accomplishes this by establishing an 'emissions budget for NOx during each ozone season, 

implemented through a NOx allowance program bogirming May 1,1999. 

(b) The Massachusetts NOx emission budget was ealculaod by applying the control 

requirements of the September 1994 Ozone Transport Commission's Memorandum of 

Understanding (OTC MOU) to the 1990 baseline emissions level adopted by the Ozone 

Transport Commission on June 13,1995. 

(«) Any additional NOx control requirements beginning on May 1,2003, my be modified 

before that daw, if modelina and other analyse* show that this program, and controls on 

volatile organic compound (VOC) emissions, will achieve attainment of the ozone National 

Ambient Air Quality Standard scmss the Oizone Tttnspoit Region. The Department has 

reserved 310 CMR 7.2?(3)(b) to reflect any modifications needed to the Massachusetts NOx 

emission budget after 2003. 

(d) TheDcparmientwm allocate NCfr 

CMR 7.27(6) email to rbc total Massachusetts NOx emissions budget in tons. • 

(e) NC«aUowaac«sfmmolhcrstattamayto 

the other state has adopted and inmjamanted a NOx allowance program consistent with 

310 CMR 7.27 as determined by the Department 

(f) NOx allowances allocated by the Department may be used to comply with NOx 

allowance programs of other states, provided the other stats has adopted and implemented 

a program consistent with 310 CMR 7.27 as determined by the Depetraenl 

(2) twintn«r« The definitions in 310 CMR 7.00 apply to 310 CMR 727. However, the 

following terms have the following meanings whan they appear in 310 CMR 7.27. If 4 term is 

defined in 310 CMR 7.00 and in 310 CMR 7.27(2), the definition in 310 CMR 7.27(2) applies. 

Account Trnmbarmesm the idmtiflct^ AdminUnwIra-frnnTi eimrmnt Iti 

the NOx Allowance Tracking System (NATS). 

ASSttUtt means arecertlntneNOxAflewancoTr^ are recorded, 

and includes both compliance accounts and general seccunts. 

Afftflt;p; ura't means a fossil fuel fired boiler or indirect heat exchanger with a maximum heat 

input capacity of 2$0 MMBtu/Hour or more which operated at any time in calendar year 1990. 

The tens affected unit is used only to establish the Massachusetts 1990 through 2002 NOx 

amissions budget, 

Allocate or Allocation means the assignment of s^owances by me Department to a NOx 

Allowance Tracking System account, as nxorded by the Admim^trator 

Allocation period means any time period far which allowances ate allocated during the noriod 

1999 though 2002, 

Allowance meant a limited anriorizetion to emit one ton of NOx daring a specified control 

period Or any oontrol period thereafter. An allowance is usable only for Coraplyi&f with the 

I«»vtaiesia0f3i®eAfR7<27. The use of an allowance after it* initial control period is subject 

to the terms and conditions for use of banned sikweacai m 310 CMR 7.27(9). All allowances 

are allocated, tasferred, or used as wtrole allowances. To determine the number of whole 

allowances, tbs amber of allowances Grounded down fbro^cim 

up for decimals of 0£ or greater, 

Aiw^nge ththjfftiOT means the withdrawal of allowances for permanent retirement by the 

Admhiistrator frojn aNOx Allows 

Aflowwto tniT«flgffl(^i tfw w^rf^ Tmorc tuloivanm by whnhmir 

means, deluding but not limited to purchase, trade, suction, or gift, in accordance with the 

procedures established in 310 CMR 7.27(A), 

9/14/OT 310 CMR-250.72.18.5